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1 - 5 of 5 (0.16 seconds)Emperor vs Mahadeo Tatya on 3 December, 1941
The Bombay High Court in a Pull Bench decision in the case of Emperor v. Mahadeo Tatya AIR 1942 Bom 121 laid down that it is a very well-settled rule of practice in India following the English rule, that in rape cases the evidence of the complainant must be corroborated. A charge of rape is a very easy charge to make and a very difficult one to refute, and in common fairness to accused persons, the Courts insist on corroboration of the complainant's story.
Sidheswar Ganguly vs The State Of West Bengal on 24 October, 1957
Accordingly, a stool had to be supplied to her and she was made to stand on this stool during the entire period of examination. Thus, from the external appearance of P.W.I he estimated her present age at eleven years. The Supreme Court in Sidheswar Ganguly's case referred to above had laid down that the only conclusive evidence of the girl's age may be her birth certificate, but unfortunately in this country such a document is not ordinarily available.
Section 378 in The Indian Penal Code, 1860 [Entire Act]
Ram Kala vs Emperor on 7 June, 1945
Thus, to constitute the offence the evidence of the lady doctor is sufficient that there was rupture of the hymen and that there was injury inside the vagina. Reliance was sought to be placed on a case reported in AIR 1946 All 191, Ram Kala v. Emperor. In that case the learned Judges held that in rape cases if the glans of the male organ is covered by uniform layer of smegma it negatives the possibility of recent complete penetration.
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